The Supreme Court of Spain has ruled that kissing a woman’s hand without her consent can constitute sexual assault, even in the absence of violence or intimidation.
The decision relates to a 2023 case in Madrid, where a man approached a woman at a bus stop, kissed her hand without permission, and made gestures suggesting she should follow him, indicating he would pay her.
The defendant was convicted of sexual assault and fined €1,620, a ruling already upheld by a provincial court in Madrid. He appealed to the Supreme Court, arguing that there had been no violence or intimidation and that, at most, the act should be considered public sexual harassment, not an attack on the victim’s sexual integrity.
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The Supreme Court rejected this argument, emphasizing that the behavior went beyond mere harassment.
“There was a clear sexual component, starting with the act of kissing her hand,” the ruling states.
The court further stressed that a woman “does not have to tolerate a man holding and kissing her hand without consent”, highlighting the sexual nature of the act and reinforcing Spain’s broader legal framework that prioritizes explicit consent.
